Slugline Demo End User License Agreement
The package contains Slugline Demo ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means Act Focused Media LLC.
We hereby grant you a nonexclusive license to use one copy of the Software for up to 14 days from when it is installed. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer—for example, a hard disk, or other storage device.
We remain the owner of all right, title and interest in the Software and Documentation.
Archival or Backup Copies
You may make copies copies of the Software solely for backup or archival purposes.
Things You May Not Do
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:
• copy the Documentation;
• copy the Software except to make archival or backup copies as provided above;
• copy image our sound assets from the Software;
• modify or adapt the Software or merge it into another program;
• reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software;
• remove any copyright notice, watermark, or proprietary legend contained in the Software;
• place the Software onto a server so that it is accessible via a public network such as the Internet; or
• sublicense, rent, lease or lend any portion of the Software or Documentation.
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
No warranty is provided or implied.
Except only as expressly stated in this agreement, this software and documentation are provided without warranty of any kind. Further, we do not warrant, guarantee, or make any representations regarding the user, or the results of use, of the software or documentation in terms of correctness, accuracy, reliability, currentness, or otherwise.
Except for any express warranties contained in this agreement, we disclaim all warranties, either express or implied, relating to the software, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement, regardless of whether it is made by us. We do not warrant that the software will be uninterrupted or error-free. No oral or written information or advance is given by us, our dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice.
In no event will we be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use of or the inability to use the software (even if we or an authorized dealer or distributor has been advised of the possibility of these damages), or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. Any use or disclosure of the software, or of its algorithms, protocols, or interfaces, other than in strict accordance with this license agreement, may be actionable as a violation of our trade secret rights.
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. The failure of us to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
5. This license agreement is governed by the laws of the State of California. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Alameda County, California; You hereby agree to service of process in accordance with rules of such courts.
6. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.